Pursuant to Rule 6-2 and 7-12 of the Local Rules of Practice in Civil Proceedings before the United States District Court for the Northern District of California, Plaintiff Rambus Inc. ("Rambus") 3 and Defendant International Business Machines Corporation ("IBM"), through their respective counsel 4 of record, wish to advise the Court that the parties have reached a settlement in principle, and 5 accordingly respectfully request, and with the Court's permission, stipulate to an additional two-week 6 extension of the current case schedule to allow the parties to prepare the necessary settlement papers. 7

More specifically, with the Court's permission, the parties hereby stipulate that the current schedule 8 set forth in the April 15, 2011, Stipulated Order [Dkt. 60] be modified as follows: 9

1. I am a partner in the firm Fitzpatrick, Cella, Harper & Scinto, counsel for Defendant

International Business Machines Corporation ("IBM"). I submit this declaration in support of the parties' Stipulation Regarding Case Schedule. I make this declaration of my own personal knowledge and will competently testify thereto if called upon to do so.

2. On April 15, 2011, the Court entered a Stipulated Order [Dkt. 60], which sets forth the claim construction briefing schedule for this action. The Stipulated Order also sets the technology tutorial for September 7, 2011, at 1:30 p.m. and the Markman Hearing for September 21, 2011, at 1:30 p.m.

3. The parties, both the respective corporate representatives and outside counsel, have been actively discussing resolution of this case, and have reached a settlement in principle. Accordingly, the parties have met and conferred and agree that continuing the case schedule for two weeks will facilitate preparation of the necessary settlement papers precedent to resolution of this action.

4. The Court previously granted the Stipulated Order to permit settlement discussions.

Otherwise, the only time modification in this case was to change the Case Management Conference

from December 3, 2010, to January 14, 2011, to coincide with the hearing on Rambus's motion to dismiss in related case, International Business Machines Corp. v. Rambus Inc., No. C 10-04017 JSW. See Dkt. 48.

5. The requested modification in the current case schedule will not affect any other pre-trial deadlines, as the pre-trial schedule has not yet been entered in this case.

I declare under penalty of perjury under the laws of the United States that the foregoing is true and 2 correct, and this declaration was executed this 11th day of May, 2011. 3 4

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